Akademik Veri Yönetim Sistemi
International Conference of Strategic Research in Social Science and Education, Antalya, Türkiye, 13 - 15 Ekim 2017, ss.38, (Özet Bildiri)
The right to work and freedom are basic fundamental rights defined by the Universal Declaration of Human Rights of the United Nations (Article 23) and as per the Convention on Economic, Social and Cultural Rights (Article 6) to which Turkey is a party. The principle of the universality of human rights provides equal enjoyment of these basic rights and freedoms, including the right to work and freedom as well. However, the state imposes some restrictions such as an economic conditions in the country, obligations arising from international law, public safety and security, while recognizing the right to work with respect to foreigners, In other words, the right of foreigners can be restricted in the context of the regulation of Article 16 of the Turkish Constitution further disclosing rights and freedoms associated with work of foreigners in accordance with international law as well.
Turkey needed new regulations for work permit of foreigners who are self-employed and independent contractors because of the increasing high demand and interest of working in Turkey. For the first time, the conditions for entry of foreigners into the labor market has been regulated under the Law No. 4817, the Act of Work Permits for Foreigners enter into force on February 27, 2013. These conditions were updated in the framework of the International Labor Act passed on 28th of July 2016, in accordance with present needs of Turkey.
The harmonization efforts regarding the European Union (EU) Law by Turkey was to undertake a major role in the liberalization of the labor market. According to the EU acquis, the free movement of persons is covered freely, entering without any restrictions or prohibitions with the other member states, free movement, residence and right to work which is the topic of this paper as well.
The purpose and objective of this paper is to analyze the conditions of work permit under Turkish law under ILL provisions which came into force in the year 2016 in accordance with European Union acquis and to deal with limited privileges granted to foreigners